(EIRs)
Thank you for your request dated 28/01/2022 under the Environmental Information (Scotland)
Regulations 2004 (EIRs).
Your request
You asked for the following information:-
1. When and specifically, how microplastic pollution issues will be addressed by the Scottish
Government. In particular, on leading edge erosion aspects, assessment of Bisphenol A (BNA)
and other pollutants found in water and water sources near industrial wind turbines in Scotland.
2. Copies of plans to measure the pollution levels of BNA and microplastics in ground water and
water sources around Scottish wind power installations for inclusion as priority substances under
the WFD.
3. If no such requirement is to be imposed upon developers, planning authorities, please provide
reasons, and any legal advice given, which absolves the government from taking such action.
As the information you have requested is ‘environmental information’ for the purposes of the
Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your
request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of
Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under Scottish Ministers, special advisers and the Permanent Secretary are covered by the terms of the Lobbying (Scotland) Act 2016. See
www.lobbying.scot
St Andrew’s House, Regent Road, Edinburgh EH1 3DG
www.gov.scot
FOISA.
This exemption is subject to the ‘public interest test’. Therefore, taking account of all the
circumstances of this case, we have considered if the public interest in disclosing the information
outweighs the public interest in applying the exemption. We have found that, on balance, the public
interest lies in favour of upholding the exemption, because there is no public interest in dealing with
the same request under two different regimes. This is essentially a technical point and has no material
effect on the outcome of your request.
Response to your request
The answer to your question is:-
Under the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (also known as
Controlled Activities Regulations (CAR)), enforced by Scottish Environment Protection Agency
(SEPA), microplastics, specifically Bisphenol A, are not listed as a main pollutant or hazardous
material. Therefore the pollution levels of BNA and microplastics in ground water and water sources
around Scottish wind power installations are not specifically being measured currently.
Emerging contaminants of concern, including microplastics and Bisphenol A, are continuously being
risk assessed by the EU under the Water Framework Directive (WFD) for inclusion as priority
substances. The EU is currently reviewing the list of priority substances for adoption and
microplastics and Bisphenol A are under consideration. The Scottish Government has made clear its
commitment to maintain or exceed environmental standards in place upon EU exit, and to maintain
alignment with developing EU standards, as far as possible.
When applications for wind farm developments are submitted to the Scottish Ministers under the
Electricity Act 1989, the impact on the water environment is assessed within the Environmental
Impact Assessment Report submitted with the application. The Scottish Ministers take into account
the impacts on the water environment and on granting consent for wind farm development conditions
can be attached to the deemed planning permission in relation to water quality and monitoring during
the construction of a wind farm.
Some of the information you have requested is available from the Scottish Environment Protection
Agency, who commissioned a report on understanding microplastics in the Scottish Environment,
available online at Scottish Microplastics Report (sepa.org.uk), although this report does not specify
wind turbines as a source of pollution. Under regulation 6(1)(b) of the EIRs, we do not have to give
you information which is already publicly available and easily accessible to you in another form or
format. If, however, you do not have internet access to obtain this information from the website(s)
listed, then please contact me again and I will send you a paper copy.
Your right to request a review
If you are unhappy with this response to your EIRs request, you may ask us to carry out an internal
review of the response, by writing to Kersti Berge, Scottish Government, Energy Consents Unit, 4th
Floor, 5 Atlantic Quay, 150 Broomielaw, Glasgow, G2 8LU; Kersti.Berge@gov.scot.
Your review request should explain why you are dissatisfied with this response, and should be made
within 40 working days from the date when you received this letter. We will complete the review andScottish Ministers, special advisers and the Permanent Secretary are covered by the terms of the Lobbying (Scotland) Act 2016. See
www.lobbying.scot
St Andrew’s House, Regent Road, Edinburgh EH1 3DG
www.gov.scot
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